Pullins v. Garcia, M.D., P.A.
Filing
10
ORDER adopting 9 REPORT AND RECOMMENDATION; denying 2 MOTION for leave to proceed in forma pauperis; dismissing this case without prejudice for lack of subject matter jurisdiction; directing the Clerk to close the file. Signed by Judge Timothy J. Corrigan on 7/30/2012. (MGG)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
JOHN FITZGERALD PULLINS,
Plaintiff,
vs.
Case No. 3:12-cv-408-J-32JBT
TEDDY GARCIA, M.D., P.A., et al.,
Defendants.
ORDER
This case is before the Court on Plaintiff’s Complaint (Doc. 1) and Affidavit of
Indigency (Doc. 2), which the Court construes as a motion for leave to proceed in forma
pauperis pursuant to 28 U.S.C. § 1915(a)(1). Upon review of these filings, the assigned
United States Magistrate Judge directed plaintiff to file an amended complaint and
application to proceed in District Court without prepaying fees or costs and warned plaintiff
that failure to comply could result in the Magistrate Judge recommending that his complaint
be dismissed for failure to state a claim on which relief may be granted, lack of jurisdiction,
and/or want of prosecution (Doc. 6). The plaintiff filed an Amended Complaint (Doc. 7) and
Application (Doc. 8) on May 18, 2012. On June 7, 2012, the assigned United States
Magistrate Judge issued a Report and Recommendation recommending that the motion to
proceed in forma pauperis be denied and that the case be dismissed without prejudice for
lack of subject matter jurisdiction (Doc. 9). No objections were filed and the time in which
to do so has now passed.
Accordingly, upon independent review of the file and for the reasons stated in the
Report and Recommendation issued by the Magistrate Judge (Doc. 9), it is hereby
ORDERED:
1.
The Report and Recommendation (Doc. 9) of the Magistrate Judge is
ADOPTED as the opinion of the Court.
2.
Plaintiff’s Motion to Proceed In Forma Pauperis (Doc. 2) is DENIED.
3.
This case is dismissed without prejudice for lack of subject matter jurisdiction.
4.
The Clerk shall close the file.
DONE AND ORDERED at Jacksonville, Florida this 30th day of July, 2012.
mg.
Copies:
Honorable Joel B. Toomey
United States Magistrate Judge
pro se plaintiff
2
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